You are not Elderly or Disabled, but You are Living in Assisted/Public Housing with Your Dog

You are not Elderly or Disabled, 

but You are Living in Assisted/Public Housing with Your Dog

Best Friends for Life: Humane Housing for Animals and People, Doris Day Animal League and Massachusetts Society for the Prevention of Cruelty to Animals, 2001

“I don’t have a disability and I don’t live in housing designated for the elderly or disabled, but I do live in federally assisted housing, Can I still have a pet?”

Yes. In 1998 Congress passed the Public Housing Reform Act, which required public housing authorities (PHAs) to allow all residents to have one or more “common household pets.” This right to have a pet is subject to conditions set by the public housing agency or management. For example, such conditions may require that you maintain your pet responsibly or limit the number or type of pets that you keep. These kinds of regulations are permissible so long as they are reasonable. This new law does not affect residents of federally assisted housing for the elderly or handicapped, which is still governed by the Housing and Urban-Rural Recovery Act. 

“Does the building management have the right to make rules about pets?”

Yes. The management may make rules about the number of pets you may keep, pet size, types of pets, pet deposits, and standards of pet care.

Animals who qualify as assistive animals for people with disabilities, such as seeing eye dogs, hearing ear dogs, and emotional support animals, are not subject to many rules governing other animals. Whereas, an assistive animal cannot be banned from common areas if that would limit the disabled person’ reasonable accommodation. 

“What kinds of pets are permitted?”

You may have “common household pets,” which traditionally include dogs, cats, birds, rodents (including rabbit), fish and turtles. Reptiles are not considered to be common household pets. 

“Can I be required to pay a pet deposit?” 

The management or public housing authority may charge a pet deposit in addition to any other security deposit. 

“How do I know if I live in federally assisted housing that must permit me to keep pets?”

If you are not elderly or disabled, you are entitled to keep a pet if you live in public or low-income housing that benefits from federal assistance. 

The Housing and Urban-Rural Recovery Act and the Public Housing Reform Act do not apply to Section 8 subsidized rentals, nursing homes, intermediate care facilities, board and care homes or hospitals. However, if you live in a Section 8 subsidized rental and you have a disability, you are protected by Section 504 of the Rehabilitation Act.

Best Friends for Life: Humane Housing for Animals and People, Doris Day Animal League and Massachusetts Society for the Prevention of Cruelty to Animals, 2001